531 Recent Case-Law of the European Court of Justice and the Court of First Instance Biodiversity and Natural Resources 1. Authorisation for the placing of plant protection and biocidal products on the market ECJ, Judgment of io November 2005 - Case C316104- preliminary ruling Stichting Zuid-Hollandse Milieufederatie v College voor de toelating van bestrijdingsmiddelen On those grounds, the Court (Second Chamber) hereby rules: i. Article 16(1) of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market must be interpreted as meaning that it does not constitute a 'standstill' obligation. However, the second paragraph of Article io EC and the third paragraph of Article 249 EC, and Directive 98/8, require that during the transition- al period prescribed in Article 16(1) of that direc- tive the Member States refrain from adopting any measures liable seriously to compromise the result prescribed by that directive. 2. Article 8(2) of Council Directive 91/4i4/EEC of i5 July 1991 concerning the placing of plant protection products on the market is to be interpreted as meaning that if a Member State authorises the placing on the market on its terri- tory of
Journal for European Environmental & Planning Law – Brill
Published: Jan 1, 2005
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